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Question
Legal phrase is followed by four meanings. Choose the most appropriate option:
Per incuriam
Options
Mistaken decision
Supremacy of law
Mistaken identity
Supremacy of the Constitution
Solution
Mistaken decision
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In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.
Rule:
Whoever finds an unattended object can keep it unless the true owner claims that object. This does not affect the property owner's right to the ownership of the property on which the object is found. The right to ownership of a property does not include the right to ownership of unattended objects on that property.
Facts:
Elizabeth is the CEO of a global management services company in Chennai and is on her way to Ranchi to deliver the convocation address at India's leading business school on the outskirts of Ranchi. Flying business class on Dolphin Airlines, she is entitled to use the lounge owned by the airline in Chennai Airport while waiting for her flight. She finds a diamond ear-ring on the floor of the lounge and gives it to the staff of Dolphin Airlines expressly stating that in the event of nobody claiming the ear-ring within six months, she would claim it back. The airline sells the ear-ring after eight months and Elizabeth files a case to recover the value of the ear-ring from the airline when she is informed about its sale. To the original fact scenario, the following fact is added: In the lounge there are numerous signboards which proclaim 'Any unattended item will be confiscated by Dolphin Airlines'. In this case, you would:
The question consists of two statements, one labelled as a principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.
PRINCIPAL: ignorantia juris nonexcusat and ingnorantia facit excusat
FACT: George was a passenger from Zurich to Manila in a Swiss Plane. When the plane landed at the airport at Etombay on 28th Nov. 1962 it was found on search that George carried 34 kgs of gold bars in person and that he had not declared it in the 'Manifest for transfer. On 28th Nov. 1962 Govemment of India issued a notification and modified its earlier exemption and now it is necessary that the gold must be declared in the "Manifest" of the aircraft.
What is a moot'?
Principles:
• A person is said to abet the doing of a thing when he instigates any other person to do that thing.
• Mere acquiescence, however, does not amount to instigation.
Facts: 'A' says to 'B': I am going to kill 'C'." And, 'B' replies: "Do as you wish and take the consequences"; whereafter 'A' kills 'C'.
Choose the most appropriate option:
'persona non grata' means-
Mark the best option:
The right of a party to initiate an action and be heard before a Court of law is called
Examine the Statement and Conclusions given below and choose a suitable answer from the options given:
Statement: Necessity knows no law.
Conclusions:
1. The act of a captain throwing some cargo into the ocean to save the ship from sinking is justified by the principle.
2. The act of a man out of poverty and starvation stealing some food from a hotel is justified by the principle.
3. The act of a tourist killing a tiger when it was attacking a villager is justified by the principle.
Mark the best option:
Caveat emptor means –
In the case of the factory, ___________ of that factory shall be liable to pay the wages to employees employed by him as per the Payment of Wages Act.
Fill in the blanks: Choose the pair of words which complete the sentence to make logical sense.
The _____________ Legislative assembly on 31st March 2015 passed a controversial Anti-Terrorism Law. Earlier, the passed bill was rejected two times by the then ____________ in 2004 and 2008
